YESHWANT HARI GAWAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. The rule is made returnable forthwith at the request of and with the consent of the learned counsel for the parties.

(2.) he petitioner, invoking the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India prays for a declaration that the Respondent no. 6 i.e. M/s. Goa Tamnar Transmission Project Limited (GTTPL for short) shall be entitled to carry out the work of establishment of a Transmission system for "Additional 400 KV feed to the State of Goa and Additional system for power evacuation from generation projects pooled at Raigarh (Tamnar) pool strictly along the existing 220 KV corridor line in Goa State after establishing 400 KV corridor connectivity between Mapusa and Sangod and 220 KV line between Sangod and Xeldem as per the directions contained in the Order dtd. 7/4/2022 passed by the Hon'ble Supreme Court. Further, a declaration is sought that the present work carried out by the GTTPL is contrary to the Order dtd. 7/4/2022 of the Hon'ble Supreme Court, recommendations of Central Empowered Committee (CEC) and in the absence of approved alignment lines is per se illegal, null and void and unlawful. A further declaration is sought that the GTTPL has no right and is not entitled to enter into any part of the Petitioners' properties at Amona Village other than the existing 220 KV corridor and a further declaration that they are not entitled to carry out any activity in or interfere with the Petitioners' properties other than along the existing 220 KV corridor. he petitioners have prayed for other consequential reliefs.

(3.) Before we advert to the petitioners' case, it would be proitable to right away refer to the observations of the Hon'ble Supreme Court in T. N. Godavarman hirumulpad v/s. Union of India and Ors. - Writ Petition(s) (Civil) No.202/1995 dtd. 7/4/2022 having a material bearing on the controversy, which reads thus:-